Make revocation of liquor licenses easier for violators

Jan. 1, 2013

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The Sioux Falls City Council is pushing for a statewide change that would make stricter penalties for businesses caught selling alcohol to minors.

The way the law is written now, a liquor license can be revoked or suspended if a business is caught selling alcohol to someone younger than 21 three or more times in a 24-month period.

Councilors want to extend the time period to 36 months — meaning a license could be revoked or suspended if a business fails a compliance check three times in three years.

“In essence, an establishment can have (a violation) every year, and we didn’t think that was appropriate,” Councilor Greg Jamison said. “We understand it will probably be met with some resistance, but we think that’s a fair approach to try to change the trend within the city, to curb more underage liquor sales.”

Jamison said councilors have had ongoing frustrations for years.

Yvonne Taylor, executive that director of the South Dakota Municipal League, said the league supports the item and has adopted it as part of its policy process.

She said the municipal league always supports more local control of licensing and would like to see more.

“The vast majority of license holders are responsible and good, and when you have someone that’s not, we’re hoping the city’s hands are untied a little to deal with those who are not good actors,” she said.

Jamison has been involved with a number of meetings to bring the item forward, and he said he didn’t get any “push back” from the South Dakota Department of Revenue.

Shawn Lyons, executive director of the South Dakota Retailers Association, said no formal position has been taken yet, and the Board of Directors will consider the proposal and other legislative proposals at an upcoming meeting.

“We’re asking for the state Legislature to help us, help local control, help us curb an issue we feel very strongly about,” Jamison said.

Jim David, legislative operations manager for the City Council, has been working since last summer to put together legislative priorities. Another item includes giving cities the authority to restrict the possession of firearms and weapons in city buildings, official offices or meeting places.

A Sioux Falls executive order was tweaked in July to allow people to carry firearms on city property because officials learned it was never enforceable in the first place because of state law.

Councilor Jim Entenman said firearms are banned at the county and state level, so cities should have that authority, too.

“I just don’t believe in city buildings it is appropriate, especially in council chambers during meetings,” he said.